Commentaries on American Law

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By James Kent

Published 1848
W. Kent

Law

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Key words and phrases

LECTURE XLIILOf the Law of Partnership	21
Lord Eldon, Roman law, law merchant
1 Of dissolution by voluntary act	53
Lord Eldon, Court of Chancery, civil law
3 By insanity	58
tenant in common, insolvency, statutes of bankruptey
4 By bankruptey Id	59

6 By the inability of the parties to act	61
Traite du Con, labour, partnership
7 Consequences of the dissolution Id	62
court of equity, moiety, cern

Of Negotiable Paper	70

Of the essential qualities of negotiable paper as bills notes and checks	74
promissory note, drawee, bill of exchange
Of the rights of the holder	77
usury, Promissory Notes, endorsee
Of the acceptance	82
acceptance supra protest, drawee, bill of exchange
Of the endorsement	88
Blank endorsements, endorsee, endor
Of the demand and protest	93
bills of exchange, notary, House of Lords
Of notice to drawer and endorser	104
Bank of Columbia, Smedes, United States Bank
Of the measure of damages	115
principal sum, South Carolina, pound sterling
Of mercantile guaranties	121
statute of frauds, surety, subrogation
Of the principal treatises on bills and notes	124
Lex Mercatoria, maritime law, Promissory notes
Of the Title to Merchant Vessels	129
ibid, ship, Laws
Requisites to a valid title	130
admiralty court, bill of sale, East's Rep
Who is liable as owner	132
charter-party, erew, mortgagee
Of customhouse documents	138
certificate of registry, Lord Liverpool, navigation act
Of part owners	151
Valin, admiralty, tenants in common
Of the Persons employed in the Navigation of Mer chant Ships	160
exercitor, mean every, ordinances
1 His power to bind the owner and owners power over him	161
Pardessus, Admiralty, tome iii
2 Ship and freight	162
charter-party, bottomry, steamboat
3 To hypothecate ship cargo and freight	165

5 Lien in United States	167
Ingersoll, Ship Packet, Brig Spartan
6 Lien of material men	169
hypothecation, admiralty courts, consignee
7 Power to sell cargo	173

9 Duty to employ a pilot	175
foreign port, voyage, pilot
10 Authority and duty of the mate	176
pilotage, April 12, Massachusetts
1X Of the rights and duties of seamen Id	176
2d March, every seaman, foreign voyages
j K lit 1 Shipping articles	177
Act of Congress, seamen, Missouri
r ff 2 Charitable relief	179
Oleron, Lord Stowell, M'Intosh
LECTURE XLVILO the Contract of Afreighlment	201
bill of lading, affreightment, Oleron
Of the Law of Marine Insurance	252

Baylies e Fettyplace	19
joint stock companies, Code Napoleon, letters patent
Bealey r Shaw	31
acceptance supra protest, court of equity, usury
Beckwaite r Welgrove	90
certificate of registry, pilotage, Lex Mercatoria
Blacket r Royal Ex Ins Co	198
bill of lading, Trinity House, ship break
Bedford Comm Ins Co v Parker	236
wages and provisions, saerificed
The Bee	245
barratry, Lord Ellenborough, London Assurance Company
Foulk	440

Bell r Bartlett 476 r Caretairs 284 Gilston 255 r Humphries	452

Brash r Scribner	47

Bryden r Taylor	93

Bucknor r Finley	198

Bunn r Riker	210

Burket r Boude	276

Cantillon r London Ass Co	295

Capadose r Codner	305

Carnegie r Morrison	309

ih	8

Goodrich r Gordon	42

Boldero	50

Groton r Dalheim	125

Goulding ex parte	146

Gracie Palmer	167

Grant r Ellicott	172

Hackley r Patrick	223

Hahn r Huntley	257

De la Cour	273

Proprietors of M A	368

I	73

Insurance Co v Bland	97

Cummins	170

Jacky r Butler	230

The Jane	356

Marquand	378

Kendall ex parte 65 Lacy v MNeill	33

Kenner t Creditors 103 La Jeune Eugenie	90

Bulkley	102

Preston 37 Lanuse r Barker	124

Lytle 81 Lapham v Atlas Ins Co	309

Lehman r Jones	89

Leigh r Mather	123

Leonard r Huntington	134

Lessee of Blanchard r Porter	265

e Pyne	341

r Carstairs	442

The Lowther Castle	181

Lynch e Dalzell r Dunsford	240

Church	438

Pring r Clarkson	50

Pritehard r Atkinson	59

Quin r Wallace	63

Randolph r Parish	75

Rann r Hughes	79

Rap r Latham	88

Rayner r Goodman	95

Reade r Com Ins Co	206

Redman n Wileon	300

Reed r Canfield	374

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References from web pages

§11. James Kent: "Commentaries on American Law; Conflict of Laws ...
2 Kent’s Commentaries on American Law (1826–1830) was of very great effect; it was long read by students of the law and occupied a place of distinction by ...
www.bartleby.com/ 226/ 0611.html

James Kent: Commentaries on American Law
NEW-YORK:. PUBLISHED BY O. HALSTED,. Law Buildings, Nassau-street. 1826. Fifteenth Edition Edited by Jon Roland 1997-2002. Based on Fourteenth Edition ...
www.constitution.org/ jk/ jk_000.htm

JSTOR: Commentaries on American Law
COMMENTARIES ON AMERICAN LAW. By JAMES KENT, LL. D., Chancellor of the State of New York. In one volume. Edited by WM. HARDCASTLE BROWNE, am, of the Phila- ...
links.jstor.org/ sici?sici=1558-3538(189411)42%3A11%3C828%3ACOAL%3E2.0.CO%3B2-A

James Kent: Commentaries On American Law (1826-1830)
Complete searchable digital text of James Kent's Commentaries On American Law (1826-1830), second edition with corrections and all footnotes.
www.lawmart.com/ pubs/ kent.htm

Chancellor James Kent: Commentaries on American Law
Full online text of Chancellor James Kent's Commentaries on American Law (1826-30), with all footnotes.
www.lonang.com/ exlibris/ kent/ index.html

Commentaries on American Law (work by Kent) -- Britannica Online ...
Once more professor of law at Columbia (1823–26), Kent delivered lectures that he revised and elaborated as Commentaries on American Law, 4 vol. (1826–30). ...
www.britannica.com/ eb/ topic-127813/ Commentaries-on-American-Law

James Kent: Biography and Much More from Answers.com
This research also provided the basis for Commentaries on American Law. ... His Commentaries on American Law (1826 – 30) proved influential both in the us ...
www.answers.com/ topic/ james-kent

Commentaries on Chancellor Kent
For a trio of contemporary reviews of the first, seventh, and twelfth editions of Kent's Commentaries on American Law, see 24 N. Am. Rev. ...
www.courts.state.ny.us/ history/ elecbook/ kent/ pg6.htm

Article 2 -- No Title
A new edition of "KENT'S COMMENTARIES ON AMERICAN LAW" has just been published, and is for sale at all the law bookstores. The work is universally known as ...
query.nytimes.com/ gst/ abstract.html?res=F2061EFD3855177493C5A8178AD85F468584F9

The Dispatch - Serving the Lexington, NC - News
By the ninth or tenth century, the divorce rate had been greatly reduced under the influence of the Christian Church, Kent's Commentaries on American Law, ...
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References from books

The Wal Wal Arbitration

by Pitman Benjamin Potter - Ethiopia - 1937 - 182 pages

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The Political Discourse of Anarchy: A Disciplinary History of International ...

by Brian C. Schmidt - Political Science - 1997 - 309 pages

By showing how the concepts of sovereignty and anarchy have served as the core constituent principlesthroughout the history of the discipline, and how earlier discourse is...

Limited preview - About this book - Add to my library

The Constitutional Divide: The Private and Public Sectors in American Law

by William P. Kreml - Law - 1997 - 224 pages

An original reinterpretation of U.S. Constitutional development.

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Other editions

Commentaries on American Law: 12th-14th Ed. Ed. by O.W.Holmes Jr. & John M ...

by James Kent, John Melville Gould, Oliver Wendell Holmes - Law - 1901 - 2451 pages

Includes index.

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Commentaries on American Law: 5th ed.

by James Kent, Oliver Wendell Holmes - Law - 1873

Spine title: Kent commentaries.

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by James Kent, William M. Lacy - 1889

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References from scholarly works

Jacobson v Massachusetts: It's Not Your Great-Great-Grandfather's ...
Wendy K Mariner, George J Annas, Leonard H Glantz - 2005 - American Journal of Public Health

Legal Slaves and Civil Bodies
Joan Dayan - 2001 - Nepantla: Views from South

Blasphemy and the Law of Religious Liberty in Nineteenth-Century ...
Sarah Barringer Gordon - 2000 - American Quarterly

" It Is a Constitution We Are Expounding": Stare Decisis under a ...
Lane V Sunderland - 2004 - Perspectives on Political Science

Legal Issues in Pediatric Gynecology
JOHN WARREN JD MAY - 1997 - Clinical Obstetrics and Gynecology

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Places mentioned in this book

Marshall, Miss - Page 304
Carman, 1 Smedes $ Marshall, Miss. R. 279. In this last case it was held, that owners of steamboats engaged in the carrying trade on the Mississippi ...
more pages: 78 89 123 216

Barcelona - Page 10
to be inconclusive, and that Pisa first practised those usages, which a century or two afterwards were formally digested and promulgated at Barcelona. ...
more pages: 9 71 255

Claverack - Page 405
It was, however, left undecided, whether any right of common existed after the waste and unappropriated parts of Claverack had disappeared by the ...

Saint Malo - Page 317
If a ship *ails on a voyage from Saint Malo to Toulon, and is insured from Saint Malo to Cadiz, the Intter is the voyage insured, but the former is ...

Hamburg - Page 286
The ordinances of Hamburg, and of the marine, and the Code of Commerce, required generally that every condition or covenant stipulated between the ...
more pages: 278 301 304 319

Plymouth - Page 438
The equitable rule towards making and maintaining division fences between adjoining owners of land, we find in the statutes of the old Plymouth colony ...
more pages: 388 389 390

York, Kentucky - Page 93
York, Kentucky and Mississippi, a similar cettificate of having given the requisite notice of such presentment, demand and default, tn the parties to ...

New. York - Page 427
belong to the state in which they are situated as sovereign.b The right of sovereignty in public rivers above the flow of * In New. York it has been ...
more pages: 93 371 472 483

Philadelphia - Page 93
The court held that the defendants were liable for the loss or damage arising from the default of their Philadelphia agent, and that there was an ...
more pages: 124 281 358 437

Rome - Page 4
The emperor Augustus first gave a sanction to the laws of the Rhodians, as rules for decision in maritime cases at Rome ; and the emperor Antonius ...
more pages: 5 6 492

London - Page 83
it was held that it might be sent for sale to the United States, according to the course of trade, and need not be sent from Cuba directly to London. ...
more pages: 4 39 343 437

Marseilles - Page 263
The French admiralty of Marseilles, in 1758, sustained and enforced a contract of insurance in favour of a French merchant who attempted to export ...
more pages: 334 348

Genoa - Page 10
Syria, Cyprus, the Baleares, and from those of the republies of Venice and Genoa.d It was probably a compilation made by private persons ; but whoever ...
more pages: 233 278 304

Athens - Page 2
He established the Piraeus as a great commercial emporium and arsenal for Athens, and the cultivation of her naval superiority and glory was his ...
more pages: 3 70 353

Amsterdam - Page 17
and of the Teutonic Hanse ; of the insurance codes of Antwerp and Amsterdam ; of the Guidon and of all the French ordinances prior to the year 1660. ...
more pages: 71 260 278

Columbia, North Carolina - Page 118
of Columbia, North Carolina, South Carolina or Georgia ; and five per cent. if payable in any other of the United States or the territories thereof. ...

Bury - Page 447
The lights must be ancient to entitle them to this special protection ; and it would seem, from the opinion of the judges in Bury v. ...

Venice - Page 9
Its trade withered with the loss of its liberty, and passed to Pisa, Genoa and Venice. It was conquered by the Normans, and plundered by the Pisans, ...
more pages: 10

Boston - Page 351
Phillips' Treatise on the Law of Insurance, the first volume of which was published at Boston in 1823, and the second in 1834, and a new and improved ...
more pages: 69 200 242 430

Toulon - Page 317
If a ship *ails on a voyage from Saint Malo to Toulon, and is insured from Saint Malo to Cadiz, the Intter is the voyage insured, but the former is ...

Paris - Page 437
Some statute regulations of that kind seem to be required in large cities, though in France the customs of Paris and Orleans have supplied the place ...
more pages: 337 390 434

Rotherham - Page 407
This was the rule declared in Rotherham v. Green;" and the right of common became extinct equally in either case, by aliening or releasing part of the ...

Savannah - Page 396
and Savannah, with a considerable tract of land, was purchased from the Creek Indians by Governor Oglethorpe, in 1733 and 1738, under the sanction of ...
more pages: 308 432

Cleveland - Page 306
Among a number of cases that bear upon the question, the case of Cleveland v. Union Insurance Company,' may be selected as a strong decision in favour ...

Buston - Page 107
Where the endorser's domicil was at Buston, and he had an aprnt there who had charge of his business in his absence, and the note was made and payable ...

Gibraltar - Page 190
and it was held, that where a ship sailed from the United States to Gibraltar, and there landed her cargo, and went in ballast to Ivica, ...

Rouen - Page 345
It was digested and prepared some centuries ago, by a person whose name is unknown, for the use of the merchants of Rouen. ...

New-Orleans - Page 451
In the case of New-Orleans v. The United States, 10 Peters' US Rep. 662, in which the doctrine of dedication of property to public uses was largely ...
more pages: 107 377 428

Baltimore - Page 440
on navigable water, within the harbour and city of Baltimore, to which point a large deposit of sand and earth was carried down by the streams, ...
more pages: 363

Hertford - Page 307
though the voyage had commenced when the vessel sailed with the cargo from Perquimions' river, at or near the town of Hertford, in that state. ...

Albany - Page 397
in 1735, conveyed a very valuable part of their territory to the corporation of Albany, to take effect vpon the total dissolution of their tribe, ...

Edinburgh - Page 350
Miller, a Scotch advocate, appeared at Edinburgh. He evidently compiled his work without any knowledge of the contemporary publication of Mr. ...
more pages: 208

Charleston - Page 235
In Charleston, in South Carolina, the average of provisions and wages of the erew, while the vessel is detained in a port of necessity, is not charged ...
more pages: 93 176

New-Brunswick - Page 369
and of the British provinces of the two Canadas, Nova Scotia and New-Brunswick, or south of the states of Virginia and Kentucky; and they all contain ...

Naples - Page 346
He was an eminent civilian and judge at Naples, and published his work in 1655 ; and Mr. Ingersoll, the American translator, perceives an analogy ...
more pages: 304

Montreal - Page 394
The great influence of Sir William Johnson is said to have collected only 1000 Indians for so exciting an expedition as that against Montreal, ...

York, Indiana - Page 50
This is the doctrine, not only in New- York, Indiana, Pennsylvania, Tennessee, Georgia and Louisiana, but in the Supreme Court of the United •States ...

Greenville - Page 400
21,l considers that the commencement, progress and close of the degeneracy and ruin of the North Western Indiana began at the treaty of Greenville, ...

Reynolds, Id - Page 112
Ex parte Wilson, 11 Ves. Rep. 410. Gould v. Robson, 8 East's Rep. 576. Pring v. Clarkson, 1 Barnw. <J- Cress. 14. b Lynch v. Reynolds, Id Johns. Rep. ...

Moline - Page 111
417. b See ex parte Moline, 19 Ves»y's Rep. 216, and Thompson on Bills, 535, as cited to thai point by Mr. Justice Bayley in Rhode v. Proctor. ...
more pages: 101

Greenwich - Page 179
38, which ereated a corporation attached to Greenwich hospital, and laid the foundations of a magnificent charity, with liberal, careful and minute ...
more pages: 180

Jerusalem - Page 505
In the reign of Henry II., the erown wards were inventoried *like *506 the slaves of a plantation ; and according to the assizes of Jerusalem, ...

Vienna - Page 15
Those free cities, including Frankfort on the Main, were recognised by the congress of Vienna, in 1815, as having political existence, ...

Staten Island - Page 427
Jersey has exclusive jurisdiciion over the waters of the sound between Staten Island and New-Jersey, with like reservations. ...

Liverpool - Page 176
By the English statute law, as declared by their adjudications, the master or owner of a vessel trading to or from the port of Liverpool, ...

Cologne - Page 14
The association of the cities of Lubeck, Brunswick, Dantzic and Cologne, commenced in the year 1254, according to Cleirae, and in 1164, according to ...

Snyder, New- York - Page 96
Snyder, New- York Legal Observer for January, 1846. d Stewart v. Eden, 2 Caines' Rep. 127. Duncan v. M'Cullough, 4 Serg. $ Ratele, 480. Lowery v. ...

Sutton - Page 464
This last case was considered by the court, in Sutton v. Temple, and Hart v. Windsor, 12 Meeson <J- Welsby, 52. 68, as very limited and questionable ...

Stockholm - Page 278
Ord. of Genoa. of Middleburg, of Rotterdam, of Amsterdam, of Hamburg and Stockholm, collected in 2 Magens, 65. 68. 88. 132. 229. 257. ...
more pages: 255

Austin - Page 370
Ellis infers, from the case of Austin v. Drewe, 6 Taunton, 436, that damage by heat alone, without ignition, is not covered by the ordinary (ire ...

York - Page 93
In this last case it was said, that n bill drawn in New- ^v York on Charleston, or any other place within the United States, was an ^ inland bill. ...

Kensington - Page 65
Ex parte Kensington, 14 Vesey, 447. Ex parte Taitt, 16 Vesey, 193.) If, therefore, there be a joint fund, or a solvent partner, a joint ereditor is ...

Leeds - Page 465
See, also, to the same point, Leeds v. Chatham, 1 Simon, 146, and Lamott v. Sterrett, 1 liarr. <$• Johns. 42.

Charleston, SC - Page 289
Company of Charleston, SC 1838. American Ins. Company v. Ogden, 15 Wsndell, t532. Copeland v. NE Marine Ins. Co., 2 Metealf's B. 432.

Oxford - Page 413
The Mayor, &.c. of Oxford v. Richardson, 4 Term Rep. 437. Carter v. Murcot, 4 Burr. Rep. 2162. Parker v. The CutJer M. Co., 20 Maine R. 353. b Inst. ...

Franklin, Id - Page 97
Franklin, Id. 208. a Woleott v. Van Santvoord, 17 Johns. Rep. 248. Caldwell v. Cassidy, 8 Cmcen's Rep. 271. Haxtun v. Biehop, 3 Wendell, 1. ...

Wrexham - Page 56
1868. b Wrexham v. Hudleston, 1 Stoanston, 514, note. Crawehay v. Maule, 1 Stean e ton, 521. Collyer on Part. 5, 6. See, also, Pearce v. ...

Rolleston - Page 146
The eases of Rolleston v. Smith, 4 Term Rep. 161, Capadose v. Codner, 1 Bos. £ Pull. 483, Ratehford v. Meadows, 3 Esp. NP Rep. 69, Bloxham v. ...

Hobart - Page 176
But in the case of Hobart v. Drogan, 10 Peters' US Rep. 108, it was held, that suits for pilotage on the high seas and on tide waters, were within the ...